HomeMy WebLinkAbout1995-06-13; City Council; Resolution 95-150b
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RESOLUTION NO. 9 5 -15 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING JUDICIAL FORECLOSURE
MENT BOND ACT OF 1915, AND ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS
OF DELINQUENT ASSESSMENTS PURSUANT TO THE IMPROVE-
WHEREAS, the City of Carlsbad ('City") has conducted special assessment
proceedings from time to time, resulting in the issuance and sale of improvement bonds
pursuant to the provisions of the Improvement Bond Act of 191 5 (California Streets and
Highways Code Sections 8500 and following; hereafter referred to as the "1 91 5 Act"); and
WHEREAS, pursuant to the 1915 Act, the City has duly and regularly issued
and recorded the unpaid assessments, which assessments and each installment thereol
and interest and penalties thereon constitute liens against the lots and parcels of land
against which they are made, until the same are paid; and
WHEREAS, certain assessments and installments have not been paid when
due, and certain installments of those assessments may not be paid in the future; and
WHEREAS, under the provisions of Section 8830 of the Streets and Highway
Code of the State of California, this City Council is authorized, not later than four (4) years
after the due date of the last installment of principal, to order the same to be collected by
an action brought in the superior court to foreclose the lien of those assessments; and
WHEREAS, in the event of assessment delinquency, the City covenanted witt-
bondholders to foreclose within 150 days of the delinquency; and
WHEREAS, under the provisions of Section 8833 of the 191 5 Act, when suct
foreclosure action is ordered, the county tax collector is to be credited upon thc
assessment roll then in his hands with the amount charged against him on account of thc
assessments to be sued on and to be relieved of further duty in regard thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
Carlsbad, California, as follows:
1. The City hereby orders that the delinquent assessments listed or
Exhibit "A attached hereto and incorporated herein, and all future installments of thosc
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assessments which are not paid when due, be collected by action brought in the Superior
Court of San Disgo County to foreclose the liens thereof.
2. The firm of Brown, Diven & Hentschke is hereby retained as special
legal counsel and is authorized and directed to institute such actions in the name of the
City to foreclose the liens of all such delinquent assessments.
3. The City’s Finance Director, in cooperation and in conjunction with
special counse!, is authorized to remove delinquent assessrnents from the San Diego
County tax records.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the &hday of JUNE -, 1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila,
NOES: None
ABSENT: None
ATTEST:
ALmHA L. wmENKmNZ, city ca (SEAL)
a W’
a
EXHIBIT
COLLEGE BOULEVARP ASSESSMENT DISTRICT NO. 85-2
DELINQUENT PARCELS
PROPERTY OWNER:
DELINQUENCY DATES:
MPARTNERSLP
DECEMBER 10, 1995
APRIL 10, 1995 ’
ASSESSOR’S PARCEL’NUMBER: 21 2-1 20-02-00
DELINQUENCY AMOUNT*: $7,833
.,.,...........,.....*........,,* !...........*....**.........
PROPERTY OWNER: RANCON FINANCIAL CORP
DELINQUENCY DATES: DECEMBER 10, 1995
APRIL 10, 1995
ASSESSOR’S PARCEL NUMBER: 21 2-1 20-33-00
DELINQUENCY AMOUNT*: $1 9,310
* Amount is approximate; additional penalties may have accrued since the last re
from the County Tax Collector.
..